Daniel Penny Is Abused By NYC, Again

In general, people are idiots. In groups, they have a combined IQ of less than 70 and the common sense of a three year old.

Daniel Penny is a US Marine who stepped up and protected the people on the subway. He held a homeless, violent, man until the man could be arrested.

He was then interrogated for hours without a lawyer because the police interrogating him established a relationship, by being an ex-marine.

It is often said that there is no such thing as an ex-marine or a former marine. You are a marine for life. There are exceptions, the cop who interrogated Daniel Penny is an ex-marine.

Having charged and arrested this hero, they are now trying to screw him over, yet again.

Prosecutors have wide latitude in what they charge. One of the standard tricks is to bring multiple charges for the same crime, over charging at least one.

Humans like to think they are being fair and reasonable. One of the oldest and most famous instances of this is when a man was taken before a Roman Governor to be “sentenced” for claiming to be a king above Caesar.

The Governor refused to kill the man, instead sentencing him to be whipped. Even though I’ve found nothing wrong with him, he still had the man flogged. When the mob insisted he be put to death, the Governor replied, I told you — he’s not guilty! I find no reason to condemn him..

The complete tale can be found in John 19:1-25.

In other words, to appease people, an innocent man was flogged.

Prosecutors overcharge in expectations that the jury will often find the accused not guilty of the most serious charge, but to appease the prosecutor, will find the accused guilty of the lesser charge.

They can go home, secure in the knowledge that they didn’t sentence a man to 20-life but only 5 to 10. (made up numbers).

Not really internalizing that 5 to 10 is still too much for an innocent person.

The Jury deadlocked. Some members of the jury found that Daniel was not guilty of second-degree manslaughter, some insisting that he was. When they reported a deadlock, the judge charged them to work harder.

The prosecutor then did Daniel a dirty. He requested that the second-degree manslaughter charge be dismissed.

Why is this dirty pool?

If the Judge accepts the motion to dismiss the second-degree manslaughter charge, then the deadlock goes away. If the deadlock goes away, then the jury will have to deliberate over the second charge of criminally negligent homicide.

Human nature will make it easier for the jury to return a guilty verdict on the lessor charge.

The judge should have declared a mistrial. Instead, he accepted the motion to dismiss. He released the jury until Monday.

On Monday, they will start deliberation on the second charge.

I hope that they deadlock on the second charge as well.


Comments

6 responses to “Daniel Penny Is Abused By NYC, Again”

  1. curby Avatar

    this is the great unification obammy had wet dreams about. prosecutors luv normal people because they can railroad them into prison and add an easy notch on the ladder to the senate.
    its why you don’t EVER get involved with strangers. EVER.

  2. Tom from WNY Avatar
    Tom from WNY

    I’d be voting to acquitted on all charges.

    1. He may be free, but he’ll be in debt the rest of his life. I have no doubt his criminal defense bill is in the seven-figure range.

      The State still wins in that regard.

    2. As an aside, for typical over-charging, the evidentiary bar is substantially similar, albeit significantly higher…

      … which is to say, usually the elements of the lesser charge are all present in the greater charge, but with one or two extra elements that make the greater crime, well, greater.

      For example, the difference between 1st-degree murder and 2nd-degree murder is usually premeditation; the other elements are identical, but the law recognizes that a pre-planned intentional murder is more heinous than an intentional-but-unplanned one.

      That’s important because if a prosecutor is charging 1st-degree murder, he/she will of course try to prove premeditation, but if they can’t, they still have the otherwise-identical elements of the lesser 2nd-degree charge to fall back on.

      That’s the theory, at least.

      So my question is, if the jury was deadlocked on the greater charge after three days of deliberations, why did they vote to acquit for the lesser charge on Day 1? If anything, the lesser charge should have either been a shoo-in or they’d still be deadlocked — albeit closer to conviction than before.

      The only explanation is that the prosecutor either:
      – charged the wrong lesser crime entirely; or
      – the elements of the two crimes are NOT mostly the same, and in focusing on the greater crime they failed to prove the lesser.

      Either way, it seems the prosecutor screwed up, which I’m not at all upset about, except that Mr. Penny still owes all the same legal fees.

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